ONLINE PRIVACY POLICY AGREEMENT
Last Updated: October 2, 2024
This Privacy Policy (“Privacy Policy”) sets out how Hey Famm LLC (the “Company”) uses and protects the information that you (referred to as “you” or “your”) provide when accessing, browsing, purchasing, submitting information on, or otherwise utilizing the Website, www.heyfamm.com (the “Website”), which is a multifaceted directory for LGBTQ+ owned businesses and brands or FAMM CONNECT (the “App”), which is a downloadable mobile application dedicated to empowering the LGBTQ+ community to grow their businesses and/or facilitate professional connections.
Company is committed to ensuring that your privacy is protected. Any personal identifying information (hereinafter referred to as “Personal Information” and defined below) you provide when using the Website or App will only be used in accordance with this Privacy Policy. This Privacy Policy describes the type of information Company may collect from you or that you may provide when using the Website or App, as well as Company’s practices for collecting, using, keeping, protecting, and/or disclosing any Personal Information.
I. PERSONAL INFORMATION
What Personal Information is Collected?
When browsing, engaging with, listing your brand, making a purchase, reading the blog, or otherwise using the Website or App (together the “Services”), you may be asked to enter or disclose certain Personal Information, which may include:
● Contact Information: personal name, business name, email, pronouns, postal address, business address, telephone number, contact information, or any other similar information.
● Identification: company title/role, LGBTQ+ ownership/affiliation, interests, social media credentials, contacts, or referrals.
● Research and Feedback: reviews, comments, and other feedback that you submit through the Website, App, Calendly, social media platforms, email, over the phone, or by mail.
● Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, website type, and device type.
● Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements, or other content viewed and the duration of viewing, forms, or fields you complete or partially complete, search terms, whether you open an email, quality of the Website or App, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded when you next connect.
● Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi.
● Social Media Information: if you interact with Company through a third-party website (hereinafter referred to as “Third Party Website(s)” and defined below) using your social media credentials, then depending on your social media settings, Company may have access to your information from that particular social network such as your name, email address, contact information, friend or connection list, photo, age, gender, location, birthday, social networking ID, current city, your comments, and the people and other businesses you follow.
● Additional Information: any additional information you provide directly through the Website, App, or through your participation, support request, social networking, or any other communication.
When is Personal Information Collected?
Generally, you are not under any statutory or contractual obligation to provide Company any Personal Information; however, certain Personal Information may be automatically collected in order for you to use the Website, App, and/or Services.
Company collects information from you when you access or otherwise use the Website or App, contact or engage Company for its Services, submit your brand on the “List your Brand” feature, fill out an online form; or otherwise enter any information on the Website or Company’s social media platforms which may include, but are not limited to, Instagram, TikTok, Calendly, Google, or other third party applications (together the “Third Party Platforms”).
How Do You Get My Consent?
When you provide any Personal Information through the Website, App, or Third Party Platforms, verify, or change your contact information and/or transactional details, complete a contact form, engage with the Services, or anything of the like, you are automatically consenting to the collection, storage, and use of that Personal Information for your benefit and to improve the Website, App, and Company’s offerings.
If Company asks for your Personal Information for any other reason, it will either: (a) ask directly for your express consent; or (b) provide you with an opportunity to say no or otherwise decline by contacting Company directly.
How do I Withdraw My Consent?
You may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting Company directly. If you choose to withdraw your consent, Company may add your contact information to an opt-out mailing list. Company reserves the right to retain any previously collected Personal Information for the purposes of resolving any disputes, tracking purchases, and/or obtaining and analyzing its aggregated data analytics.
How is My Personal Information Used?
Company may use your Personal Information in any of the following ways:
● To provide, maintain, and improve the Website or App, features, content, services, and any promotions, available through the Website or App.
● To enable you to enjoy and easily navigate the Website or App.
● To better personalize your experience on the Website or App and understand your needs and interests.
● To fulfill requests or respond to your questions and comments.
● To provide you with announcements, notifications, advertisements, and other communications.
● To investigate and help prevent security issues, abuse, or violations of law.
● To display content you generate, such as videos, photos, audio, and comments on the Website or App.
● To comply with all relevant laws, regulations, and ethical business conduct.
How is My Personal Information Protected?
Company takes the security of your Personal Information very seriously and implements a variety of security measures when you use the Website, App, or otherwise provide your Personal Information. Your Personal Information is accessible only to a limited number of persons who have the authority to access it, including but not limited to, contractors or agents that Company may employ to perform tasks, fix bugs, and/or monitor the Website or App on its behalf.
Does Company Collect Information From Minors?
Company does not want to, and does not knowingly, collect any data from individuals under the age of eighteen (18). If Company learns that it has collected any such data without the supervision of a parent or legal guardian, Company will take all reasonable measures to delete such information and will not use it for any purposes. If you become aware of any Personal Information that Company has collected from an individual under the age of eighteen (18) without the supervision of a parent or legal guardian, please contact Company immediately.
How Do I Opt-out, Remove, or Modify Any Personal Information I Have Provided?
You can request to have your Personal Information removed or modified by contacting Company directly. Please note that Company may retain certain relevant information for record keeping purposes, which includes but is not limited to information regarding sales transactions or that is otherwise needed to complete any ongoing and/or pending transactions.
Limitation of Liability
You agree that to the fullest extent allowed by applicable law, under no circumstances will you hold Company liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages that are caused or alleged to be caused in connection with your use of the Website or App. Under no circumstances will you hold Company liable for any damages caused by or related to the Website or App.
Does the Website Use 'Cookies'?
Yes. Company and its service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across your devices. Cookies are small data files that Company, or its service provider, transfers to your computer's hard drive through your web browser (if you allow) and/or your device that enables Company or its service provider's systems to recognize your browser or device to capture and remember certain information that will provide Company with insights to your online activity.
There are a few different categories of cookies, including:
● Essential: These cookies are necessary to provide you with Services available through the Website or App and enable you to use the features available on the Website or App. They help authenticate users and prevent fraudulent use of accounts and Personal Information.
● Functional: These cookies are required for the Website or App to function efficiently and are thus always enabled. These include cookies that allow you to be remembered as you explore the Website or App. These are typically used during the checkout process, as well as during security issues, and when conforming with regulations.
● Performance: These cookies allow Company to improve the Website or App by tracking your Website or App usage. These cookies may improve the speed with which Company can process your requests and remember particular preferences you may have selected in connection with your use of the Website or App.
● Social Media & Advertising: These cookies offer the potential to connect you to your social networks and share content and information from the Website or App through social media. Advertising cookies collect information to help better tailor advertisements to your interests. These cookies may involve the processing of your personal data.
Cookies Are Used To:
● Recognize your browser and/or device;
● Track metrics and understand your Website or App preferences based on your previous or current activity;
● Save your Website or App preferences for future visits; and
● Compile aggregate data about traffic and interactions on the Website or App in order to offer a better user experience, as well as improved features, and content in the future. Company may also use trusted third party service providers that track this information on its behalf.
Company and its third party partners and vendors may also use tracking technologies, such as cookies, pixels, and web beacons to collect and store information about you when you use or interact with the Website or App; and/or engage with marketing communications, advertising content and/or Third Party Websites in order to provide you with targeted advertising based on your browsing activities and interests. These third parties automatically receive your IP address or mobile device identifier when you access the Website, App, or Third Party Websites. They may also use tracking technologies to measure the effectiveness of advertisements or other features; personalize the advertising content; and serve you advertisements that are relevant to your regional location. Company may also use information collected using third party cookies and beacons to provide you with advertisements, features, and other content.
Can I Disable Cookies and Still Use the Website?
Your browser can assist you in managing and setting up your cookie preferences. You can choose to have your computer or device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser or the settings of each individual device you use. There are also general resources for opting out of interest-based advertising available on the Network Advertising Initiative and the Digital Advertising Alliance’s websites.
If you choose to disable cookies, you will still be able to access the Website. However, please note that by disabling cookies, some features on the Website may be disabled. Disabling cookies may also affect your experience by decreasing the Website’s efficiency or causing it to not function properly.
How is My Personal Information Shared and Disclosed?
Company will not sell your Personal Information; however, it may share and disclose your Personal Information for the following reasons:
●Customer Instructions: You can determine your own policy for sharing and disclosing your Personal Information on the Website or App. Company does not control how you may choose to share or disclose your Personal Information. Company will share and disclose your Personal Information in accordance with your engagement and instructions.
●Compliance With Applicable Law: Company may release your Personal Information under certain circumstances where Company believes it is appropriate to comply with any law, regulation, or legal process; enforce its policies; and/or protect Company or others’ right, property, or safety. Company may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).
● To Enforce Our Rights, Prevent Fraud, and for Safety: To protect and defend the rights, property, or safety of Company or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
● Third Party and Other Disclosures of Personal Information: Company may share your non-private or Personal Information with Third Party Websites, companies, advertisers, social networks, service providers, research and management companies, search engines, law enforcement, hosting partners, and any other party who assists in operating the Website, the App, or providing Services to you. If Company is involved in a merger, collaboration, or acquisition, your Personal Information may be transferred. However, Company will provide you with notice before your Personal Information is transferred and becomes subject to a different privacy policy.
● With Consent: Company may share Personal Information with others when it has written consent to do so.
Retention of Your Personal Information
Company will retain your Personal Information only for as long as is necessary to achieve the purposes set out herein, complying with legal obligations, resolving disputes, completing audits, and/or enforcing its agreements and policies.
Third Party Links
Occasionally, at its discretion, Company may include or offer outside third party advertisements, resources, or other products and services on the Website or App (“Third Party Links”). These Third Party Links are governed by separate and independent privacy policies. Therefore, Company has no responsibility or liability for the content and activities of these Third Party Links. Nonetheless, Company seeks to protect the integrity of the Website and welcomes feedback about these Third Party Links.
Behavioral Advertising
As described herein, Company may use your Personal Information to provide you with targeted advertisements or marketing communications from other businesses. For more information about how targeted advertising works, please visit the Network Advertising Initiative’s educational page at:
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Communications; SMS, Emails, and Calls
You consent to receiving communications, including but not limited to, emails and text messages regarding the Website or App, updates to the Website or App, advertisements and marketing promotions, and any other relevant information. You agree to provide true, accurate, and current Personal Information. Your engagement with the Website or App may be shared with others in accordance with our Privacy Policy.
Wireless and Location-Based Features; Social Media Plug-ins
Data Sharing. You affirmatively consent that Company may use and share your video and image viewing data with third parties until consent is withdrawn. It may track your use for research or analytics. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks.
Wireless Features. Website or App may offer certain features that are available to you via your wireless device. These features may include the ability to access the Website or App, upload content, and receive messages on your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.
Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. If you have registered for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number).
Location-Based Features. When you use one of Company’s location-enabled features, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others.
In addition, where the Website or App collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Website or App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Website or App. If you choose to click on these links, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network, the social network receives the information that the web page was used by you. If you are not registered with the social network, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with Company through a social media website, plug-in, etc., then you may be enabling Company to have ongoing access to certain information from your social network profile (such as your name, social networking id page, email address, photo, gender, location, the people, and websites you follow, etc.).
If you do not want a social network to collect the information described above, or to share it with us and other third parties, review the privacy policy of the relevant social network and/or log out of the relevant social network before you use the Website or App. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.
II. INTERNATIONAL TRANSFERS
Company is headquartered in the United States; however, Company may transfer your Personal Information to service providers and other third parties located outside of your country of residence, including in the United States. This may be necessary for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. Company takes steps to ensure that reasonable safeguards are in place with the aim to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. By providing Company with your Personal Information, you acknowledge and agree to any such transfer, storage, or use.
Some functions on the Website or App can only be provided if Company has your Personal Information, therefore the deletion of your Personal Information may result in the termination of such functions. Company will take reasonable steps to verify and authenticate your identity. Company may require further documentation before granting access to your Personal Information.
We may store and process your personal information outside your country of residence, including in the United States, the European Union, and Canada. Where required, we ensure adequate data protection measures are in place, including implementing Standard Contractual Clauses for transfers from the EEA.
Canadian Residents: You have the right to request information on how we handle your personal information and to file complaints regarding privacy with the Office of the Privacy Commissioner of Canada.
Your UK Rights: In addition to the rights mentioned above, UK users have the right to lodge a complaint with the Information Commissioner’s Office (ICO) if they believe their data has been processed unlawfully. You can contact the ICO at www.ico.org.uk.
III. STATE-SPECIFIC DATA POLICIES
Special Notice for California Residents
Company shall not market or advertise to minors specified products or services that minors are legally prohibited from buying. Company shall not market or advertise any products based on the Personal Information provided that is specific to any minor, nor shall it knowingly use, disclose, compile, or allow a third party to do so. Under California’s Privacy Rights for California Minors in the Digital World Act, any minor may request and obtain removal of Personal Information posted on the Website.
California Privacy Rights
California residents are entitled once a year, free of charge, to request and obtain information regarding Company’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please contact Company directly.
California Consumer Privacy Act (CCPA)
California residents have the right to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
“Do Not Sell My Personal Information” (California Residents only)
California residents may opt-out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your mobile device, browser, or you.
Depending on how you use the Website, Company may share the following categories of information for such advertising which may be considered a sale (as defined by California law):
●Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.
If you would like to opt-out of the use of your Personal Information for such purposes (to the extent this is considered a sale), you may do so as by contacting Company directly.
Third Parties’ List – Shine the Light (California Residents only)
California residents can also request a list of all the third parties to which Company has disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. Company will not accept requests by telephone, email, or facsimile, and Company is not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Special Notice for Nevada Residents
Certain Nevada consumers may opt-out of the sale of Covered Information for monetary consideration to a person for that person to license or sell such information. “Covered Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
Virginia Consumer Data Protection Act (Effective January 1, 2023)
Under the Virginia Consumer Data Protection Act (“VCDPA”), certain businesses must give consumers the ability to access, control, and delete personal data that the business collects about them, or that consumers have otherwise provided. Consumers have the right to obtain a copy of data the consumer has previously provided, in a usable format “to the extent technically feasible.”
Virginia consumers can opt out of targeted advertising, the sale of their personal data, or profiling those results in the business providing or denying “financial and lending products, housing, insurance, education enrollment, criminal justice, employment opportunities, health care products, or access to basic necessities, such as food and water.”
Utah Consumer Privacy Act (“UCPA”) (Effective December 31, 2023)
Utah residents have the right to (a) confirm whether a controller is processing consumer’s Personal Data and to access that data; (b) delete consumer’ Personal Data that the consumer provided to the controller; and (c) obtain a copy of the consumer’s Personal Data that the consumer previously provided to the controller.
The UCPA defines “Personal Data” as information that is linked or reasonably linkable to an identified or identifiable individual. Data that cannot be linked to a consumer and publicly available information and the processing of personal data for purely personal or household purposes are excluded from the UCPA. Data controllers must provide consumers with reasonable, accessible, and clear privacy notice. Controllers must establish and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality and integrity of Personal Data and reduce reasonably foreseeable risks of harm to consumers relating to the processing of Personal Data.
Connecticut Data Privacy Act (“CTDPA”) (Effective July 1, 2023)
Under the CTDPA, Connecticut consumers are provided with (a) the right to access; (b) right to correct; (c) right to delete; (d) right to data portability; and (e) right to opt out of the sharing of any Personal Data.
The CTDPA defines a “Consumer” as a Connecticut resident and excludes persons acting in a commercial or employment context. The “Sale of Personal Data” refers to the exchange of personal data for monetary or other consideration by the controller to a third party.
Personal data excludes any deidentified data or publicly available information, where publicly available information means information that is lawfully made available through government records or widely distributed media and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.
Colorado Privacy Act (“CPA”) (Effective July 1, 2023)
Businesses must provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers. Consumers are afforded the right to opt out of the processing personal data for targeted advertising or for the sale of personal data and provides a “user-selected universal opt-out mechanism.”
“Consumers” are defined as residents acting in their individual or household contexts and excludes individuals acting in a commercial or employment capacity, job applicants, and beneficiaries of someone acting in an employment context from its definition of “consumer.” “Personal Data” is defined to mean information that is linked or reasonably linkable to an identified or identifiable individual. The CPA does not extend to deidentified data or publicly available information.
Acceptance of Terms
Through using the Website or App, you hereby accept this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this Privacy Policy, you should refrain from any further use of the Website or App. Your continued use of the Website or App, following the posting of any updates or changes to this Privacy Policy, shall indicate your acceptance of such changes.
Changes to this Privacy Policy
Company is constantly aiming to improve the Website and App. Therefore, this Privacy Policy may be amended from time to time at Company’s discretion. Company reserves the right to modify or update this Privacy Policy at any time. It is your responsibility to review this Privacy Policy frequently for any updates that may occur. Changes and clarifications will take effect immediately upon their posting to the Website or App. If Company makes any material changes to this Privacy Policy, Company will notify you here.
If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information, you can reach Company directly using the contact information below:
Hey Famm LLC
support@heyfamm.com